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THE CASH STORE ONTARIO: THIS PAYDAY LOAN OUTFIT NEEDED HELP AND CALLED A TRUSTEE!

Real Payday Loan Help, payday loan, payday loans, payday loan companies, guaranteed bad credit loans Toronto, bad credit loans Toronto, bad credit loans online, trustees, licensed trustees, trustee, debt, The Cash Store OntarioDo you need help-The Cash Store Ontario Payday Loan? Any other payday loan? Contact a Trustee. THEY DID!! They are currently in formal bankruptcy protection restructuring proceedings and had to stop making loans in certain provinces, including Ontario!

Payday loans such as The Cash Store Ontario payday loan are an ongoing problem and we’ve reported on this very serious issue in a number of blogs – Legit Companies Don’t Guarantee Bad Credit Loans Toronto, Beware Of Payday Loan Companies Targeting You With Mobile Apps!, Bad Credit Loans Online Attack The Already Vulnerable, Payday Loans Are Not The Answer To Your Financial Problems, and Ontario Cracks Down On The Cash Store Payday Loan Company.

Companies and products just like The Cash Store Ontario payday loan prey on the already vulnerable, people looking for guaranteed bad credit loans. I thought that things couldn’t get worse for the consumer, until I saw a television commercial from a company called Real Payday Loan Help. This company is selling educational courses, taking advantage of people who have already been taken advantage of yet are continuing to look for companies advertising “guaranteed bad credit loans Toronto”. This is not a Canadian company; they are based in Florida. They are not professional, federally licensed trustees. They can’t offer you any help with your serious debt issues. The only thing they can do is help you create more debt.

It’s not surprising that payday loan companies and products like The Cash Store Ontario payday loan and companies like Real Payday Loan Help are moving into Canada. The United States has been cracking down on payday loan companies. Currently there are 12 states where payday loans are completely banned, but there are many more in which the industry is restricted in some way or another. In fact, only six states have no cash advance interest ceiling whatsoever. The Federal Trade Commission (FTC) enforces many laws to protect consumers in this area and they have filed many law enforcement actions against payday loan companies.

When you have serious debt issues you need help from a licensed trustee. Bad credit loans online will only help you get caught in a debt spiral. So, if you are involved with a company or product such as The Cash Store Ontario payday loan, you do need help. The Cash Store Ontario had to go to a licensed trustee and you should too. You need Ira Smith Trustee & Receiver Inc. We will evaluate your situation and provide you with a solid plan for moving forward so that Starting Over, Starting Now you can live a debt free life.

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OWED WAGES BY EMPLOYER? FIND OUT IF YOU QUALIFY TO GET PAID

accrued vacation pay wage earner protection program, owed wages by employer, starting over starting now, avoid bankruptcy, licensed trustee, trustee, Service Canada, receivership, bankruptcy, notice of intention to make a proposal, Division I Proposal, Companies’ Creditors Arrangement Act, WEPPA, bankrupt, wages, Bankruptcy and Insolvency Act, BIADo you believe you wages are owing to by your employer? People ask us what if my employer owes me money & goes into either receivership or bankruptcy.

We answer if wages are owed by your employer and the company is either in receivership or is bankrupt don’t despair; there is hope for you to recuperate monies owed to you. The Wage Earner Protection Program (“WEPP”) Act – WEPPA – in conjunction with an amendment to the Bankruptcy and Insolvency Act (Canada) – BIA – created a mechanism for employees to be compensated for claims of unpaid wages, commissions and vacation pay accrued in the six months preceding the employer files for bankruptcy or being placed in receivership and wages are owed to you along with claims for unpaid termination and/or severance pay.

Are there any exceptions to this? What are the rules?

There are a few exceptions. You are generally not eligible if, during the period for which you wages are owed to you by your employer, you:

  • were an officer or a director of your former employer
  • had a controlling interest in the business of your former employer
  • were a manager whose responsibilities included making binding financial decisions impacting the business of your former employer, and/or making binding decisions on the payment or non-payment of wages by your former employer

Who is eligible for the WEPP? You may apply if wages are owed to you by your employer and:

  • your former employer has filed for bankruptcy or is subject to a receivership
  • wages are owed to you by your employer, vacation pay, termination or severance pay from your former employer
  • amounts earned during the eligibility period or, in the case of termination or severance pay, your employment was terminated during the eligibility period ending on the date of bankruptcy or receivership

One more very important exception – it only applies if wages are owed to you by your employer and your employer is in either receivership or bankruptcy and owes you wages. If your employer is attempting a corporate restructuring under a Notice of Intention to Make a Proposal, a Division I Proposal or the Companies’ Creditors Arrangement Act, then WEPPA and its provisions do not come into play.

Claim limits

Regardless of the total amount owing to you, the maximum any employee can receive under WEPPA is the greater of $3,200 or four times the maximum weekly insurable earnings under the Employment Insurance Act (which is now greater than $3,200). Once employees file claims with both the Trustee and Service Canada, Service Canada pays their claims for owed wages by employer and Service Canada becomes the creditor. The amendment to the BIA has recognized WEPPA and created a priority charge that supersedes all secured charges except CRA’s deemed trust claim (and the reclaiming rights of farmers and suppliers) to a max of $2,000 per employee, secured against current assets.

Documentation

While no one wants – or expects – to be part of a receivership or bankruptcy, you should always keep detailed records of hours worked for any pay period. On any occasion when you discover there will be no paycheque, record the loss that you will suffer, such as not being able to pay bills or buy groceries. Ask for a formal explanation from your employer and keep detailed notes on your efforts. It’s important to prove that when owed wages by employer; you still expect to be paid, even if it’s late.

If your employer is in receivership or bankruptcy proceedings, and you believe you have a claim for owed wages by employer, find the trustee and get in touch with Service Canada. Have your records ready and make sure you get your Proof of Claim.

If you are experiencing financial problems, contact Ira Smith Trustee & Receiver Inc. We are a licensed trustee and will listen to your issues and offer compassionate, professional assistance to aid you to avoid bankruptcy, so that you can regain control of your life, Starting Over, Starting Now.

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CREDIT REPORT: CHECK IT TO IMPROVE A POOR CREDIT SCORE OR A BAD CREDIT SCORE

credit report, credit score, bad credit score, credit bureau, TransUnion, Equifax, credit reporting agencies, poor credit score, trustee, insolvency, bankruptcy, starting over starting nowHave you checked your credit report lately? Everyone I know does not wish to have either a poor credit score or worse, a bad credit score, but many Canadians pay little or no attention to their credit report and that’s a mistake that can seriously impact your life.

According to the Public Interest Advocacy Centre:

  • 17% of Canadian adults had checked their credit reports in the prior three years
  • Of those who checked, 18% found inaccuracies in their credit reports
  • 10% believed they were denied access to financial services because of report inaccuracies

In fact, some credit bureau watchers estimate that there are errors in 10% to 33% of credit files. You may be surprised to know that one of the biggest sources of conflict isn’t fraud, it’s cell phone providers who send overdue accounts to collection. We reported on one such story in a blog titled Your Credit Rating Can Be Ruined Even If You Don’t Do Anything Wrong. Mr. Dave Johnson of Pembroke, Ontario had his credit rating ruined by Rogers even though he never had a Rogers account and he has spent three years fighting a Rogers Bill that isn’t his. “That one derogatory record has a substantial impact on credit score and it stands out on the credit report,” says Tim Ashby, a vice-president of personal solutions for Equifax. If your credit is not in good standing you will most likely be denied a loan or mortgage. It can also affect your ability to rent housing or get hired for a job.

How often should I check my credit report?

According to the Financial Consumer Agency of Canada, check your credit report at least once a year. Review it carefully for errors and signs of identity theft. Order your credit report from both credit reporting agencies. Consider requesting your report from one agency and then waiting six months before you order from the other agency. By spacing out your requests in this way, you may be able to detect any problems sooner.

Who are the credit reporting agencies and how can I contact them to get my credit report?

The credit reporting agencies are TransUnion and Equifax. By clicking on the links you will be taken to their websites where you can access their phone numbers, fax and email in addition to information on how you get your credit report.

Should you discover that you have a poor credit score or a bad credit score, you may need professional help to return to financial health. Ira Smith Trustee & Receiver Inc. is a full service insolvency and financial restructuring practice serving companies and individuals throughout the Greater Toronto Area (GTA) facing financial crisis or bankruptcy that need a plan for Starting Over, Starting Now. Contact us today.

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PAYDAY LOANS: ONTARIO CRACKS DOWN ON THE CASH STORE

payday loans, payday loans company, payday loan companies, consumer proposal, bankruptcy alternatives, trustee, bankruptcy and insolvency act, vaughan trustee, bankruptcy ontario, Ira Smith Trustee & Receiver Inc., payday loan, payday loan companies, mobile apps, instant cash, credit, bad credit, bankruptcy, bankruptcy alternatives, credit counselling, debt consolidation, consumer proposals, trustee, Canadian Payday Loan Association, living paycheque to paycheque, credit problemsPayday loans. We’ve been making you aware of the dangers of using them in our previous blogs – Legitimate Companies Don’t Guarantee Loans If You Have Bad Credit Or No Credit, Payday Loans Are Not The Answer To Your Financial Problems, Beware of Payday Loan Companies Targeting you with Mobile Apps! and Online Bad Credit Loans Attack the Already Vulnerable. The Ontario Ministry of Consumer Services refused to issue a lender’s license to The Cash Store under the Payday Loans Act, 2008, S.O. 2008, Ch. 9 which was upheld by the Court. The result is that The Cash Store is not currently permitted to sell any payday loan products or line of credit products in Ontario. The Ontario Government found that The Cash Store was attacking the already vulnerable, in ways we have explained in our previous blogs (which you can read by clicking on the links above). Watch the video below to find out more. There is no quick fix for serious debt problems and digging a deeper hole for yourself with a high interest payday loan is only going to make matters worse. Stop the downward debt spiral and seek out a professional trustee. At Ira Smith Trustee & Receiver Inc. helping clients deal with serious debt issues is our business. There are a variety of options available to you including bankruptcy alternatives – credit counselling, debt consolidation, and consumer proposals – and bankruptcy. Let us help you end the downward debt spiral so that Starting Over, Starting Now you can live a debt free life. Here is the video of a news report which was done prior to the Court upholding the Ontario Government’s decision to ban The Cash Store from making payday loans or other loans –

 

 

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PAYDAY LOAN COMPANIES TARGETING YOU WITH MOBILE APPS!

online bad credit loans, payday loan, payday loan companies, mobile apps, instant cash, credit, bad credit, bankruptcy, bankruptcy alternatives, credit counselling, debt consolidation, consumer proposals, trustee, canadian payday loan association, living paycheque to paycheque, credit problemsWe’ve been making you aware of the dangers of payday loan companies in our previous blogs – Legitimate Companies Don’t Guarantee Loans If You Have Bad Credit Or No Credit and Payday Loans Are Not The Answer To Your Financial Problems. Payday loan companies will go to any lengths to take your money and now their latest tactic is to target you with mobile apps and easy online access. Technology is making it easier for these unscrupulous operators to take advantage of you. And, if you have been taken advantage of by a payday loan company you are not alone. According to Statistics Canada:

  • Almost 3% of Canadian families said in 2005 they had obtained a payday loan in the preceding three years.
  • On average, Canadians borrow about $300 for a two week term.
  • There are about 1,350 payday loan storefronts in Canada.
  • The industry is worth an estimated $2 billion a year.
  • Payday loan borrowers tend to be young families.
  • Payday loan borrowers typically have poor credit or a previous bankruptcy.

Unfortunately, there are no updated figures from Statistics Canada. However, the Canadian Payday Loan Association in its study titled Payday Loan Users Study Ontario dated April 2013, reported that in 2012, significantly more respondents (65%) would choose payday loan companies over other options if they needed $300 when compared to 2007 (55%). This shows two things: 1. as we previously blogged, many Canadians are living paycheque to paycheque; and 2. this high cost borrowing source is gaining more acceptance and usage among those with credit problems.

Payday loan companies offer you instant cash even if you have bad credit or no credit, with instant approval. With a mobile app you don’t even have to go into a payday loan storefront. You can borrow money from your phone or computer by obtaining online bad credit loans. BUT, these companies aren’t getting you out of debt; they are creating more debt. Although the rules do vary from province to province regarding borrowing, you should expect to pay 25% interest when you borrow from a payday loan company, even if you repay the loan in a few days.

There is no quick fix for serious debt problems and digging a deeper hole for yourself with a high interest payday loan is only going to make matters worse. Stop the downward debt spiral and seek out a professional trustee. At Ira Smith Trustee & Receiver Inc. helping clients deal with serious debt issues is our business. There are a variety of options available to you including bankruptcy alternatives – credit counselling, debt consolidation, and consumer proposals – and bankruptcy. Let us help you end the downward debt spiral so that Starting Over, Starting Now you can live a debt free life.

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RECEIVERSHIP IN BANKRUPTCY – WHAT DOES THAT MEAN?

receivership in bankruptcyFor those looking at insolvency, you may have heard the phrase –receivership in bankruptcy – and wondered what it meant. This phrase is both inaccurate, and in the area of the Canadian insolvency process, yet still possible. Are you confused yet? What is the source of the confusion? Most likely, people confuse the job of a licensed insolvency trustee with the job of a receiver. This is because one of the functions of a licensed trustee is to take possession of the assets of the bankrupt person or company, sell those assets, receive the money and then distribute the money to the creditors as prescribed in the Bankruptcy and Insolvency Act (Canada) (BIA).

In this situation, the trustee is receiving funds, but in no way is regarded as a receiver in any legal way. What does a licensed bankruptcy trustee do? In Toronto, and all of Canada, a bankruptcy trustee is licensed by the Federal government and works on behalf of all the unsecured creditors; this is the case even though the individual or company is the one who chose the licensed trustee prior to assigning itself into bankruptcy. Creditors have rights and are entitled to get their portion of the money owed to them when it is possible from the licensed trustee administering the bankruptcy. But in corporate insolvency, there is no term called receivership in bankruptcy.

For an individual, a licensed trustee can also help the person look at bankruptcy alternatives, such as debt consolidation, credit counselling and consumer proposals to deal with creditors and avoid bankruptcy. Consumer proposals reduce and reorganize an individual’s debt and if accepted, the successful consumer proposal helps the person recover from their debt and not do as much damage to their credit score. What is a receivership?

Receivership is a process that is available to lenders or other secured creditors only (as opposed to bankruptcy which is a remedy for unsecured creditors) to seize the assets of the company subject to the lender’s security through the appointment of a receiver. The receiver, who also must be a licensed trustee, will determine if the highest recovery can be gained from running the company or shutting it down, all while devising and implementing a plan to sell the assets. This is done in order to recover the greatest amount of money possible under the circumstances for the lender who appointed the receiver.

So how can there be a receivership in bankruptcy? As described in this blog, receivership is a remedy for secured creditors, while BIA proceedings, other than receivership, are a remedy to benefit the unsecured creditors. In some cases, it is necessary to have a bankruptcy administration, at the same time there is a receivership. The reasons why are much too complex for the purposes of this blog, but now you know, that although the phrase is inaccurate, it is still possible.

Receivership in bankruptcy summary

Before receivership or bankruptcy becomes your only option, there are alternatives including credit counselling, debt consolidation, and consumer proposals. Contact us today. The team at Ira Smith Trustee & Receiver Inc. will work with you to ensure that Starting Over, Starting Now you can regain financial health.

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NEED $2000 FAST – COULD YOU COME UP WITH IT?

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living paycheque to paycheque, bankruptcy, bankruptcy alternatives, credit counselling, debt consolidation, consumer proposals, trustee, need $2000 fast, need 2000 dollars fastNeed $2000 fast? Could you come up with it? We all know that we should have a rainy day fund, but how many of us actually do? In Ontario 60% of the population is living paycheque to paycheque so what do you think would happen if you need $2000 fast in 30 days for an emergency situation? When the rainy day comes will you stay dry or get drenched? A new study by the National Bureau of Economic Research shows that:

  • 28% of Americans would NOT be able to come up with $2000 in a pinch
  • 22% said they probably would not be to able to come up with $2000
  • 34.2% said they would have to ask family and friends for help
  • 29.5% said they would have to resort to credit cards, a home equity line of credit, reverse mortgage or unsecured loan

In Canada Harris Decima did a similar survey and like in America, just over 25% Canadians said that they were not very or not at all confident that they could come up with it if they need $2000 fast in 30 days if faced with an unexpected financial emergency. 92% of all Canadians said they would consider some form of borrowing – lines of credit, credit cards, bank loans, and borrowing from friends and family.

It seems that we are financially fragile on both sides of the border. And what may surprise you is that this problem is not the exclusive domain of low income families. The study just published by the National Bureau of Economic Research reports that of households making between $100,000 and $150,000 annually, nearly one-quarter said they “certainly” or “probably” would be unable to come up with the money if they need $2000 fast.

The reality is that if you are earning $100,000 and $150,000 annually, need $2000 fast and would be unable to come up with the money, you are living in a house of cards. The best advice I can offer is to make an appointment to see a professional trustee as soon as possible, before disaster strikes. Before bankruptcy becomes your only option, there are bankruptcy alternatives including credit counselling, debt consolidation, and consumer proposals. Contact us today. The team at Ira Smith Trustee & Receiver Inc. will work with you to ensure that Starting Over, Starting Now you can regain financial health.

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NEGOTIATING DEBT VS BANKRUPTCY

negotiating debt vs bankruptcy, bankruptcy, bankruptcy faqs, debt, trustee, professional trustee, licensed trustee, debt settlement companies, financial plan, consumer proposals, consumer bankruptcies, bankruptcy alternatives, alternatives to bankruptcy, credit counselling, debt consolidation, Bankruptcy and Insolvency Act, BIA, Office of the Superintendent of Bankruptcy CanadaNegotiating debt vs bankruptcy. Of course you would not pick bankruptcy as your first choice. If you are considering the options of negotiating debt vs bankruptcy, you must be mired in serious financial difficulty and have few options available to you.

You need the help of a professional, licensed trustee now! Don’t be seduced by the bogus claims of debt settlement companies who promise to negotiate with your creditors for pennies on the dollar and get you out of debt in no time flat. Although you are being bombarded with messages like this on radio, television and online, don’t fall prey to these scam artists.

Debt settlement companies have already been banned in the United States and now several Canadian provinces have introduced strict regulations in the debt settlement industry. A professional trustee will evaluate your individual situation fairly and in an even-handed manner, and present you with a solid financial plan for moving forward and getting out of debt, including all of the advantages and disadvantages of negotiating debt vs bankruptcy.

According to the Office of the Superintendent of Bankruptcy Canada, consumers continue to opt in large numbers for negotiating debt vs bankruptcy.

What are the alternatives to bankruptcy? There are 3 Formal Bankruptcy Alternatives:

  1. Credit Counselling
    Credit counselling is in reality debt counselling. Professionals provide assistance with a host of issues related to debt including budgeting, finding debt solutions, working with your creditors and rebuilding credit.
  2. Debt Consolidation
    Debt consolidation is a single loan that allows you to repay your debts to several or all of your creditors at once, leaving you with only one outstanding loan.
  3. Consumer Proposals
    Consumer proposals are formal offers made to your creditors under the Bankruptcy and Insolvency Act (BIA) to modify your payments. e.g. paying a lesser amount each month for a longer period of time and paying a total lesser amount than you owe. In a consumer proposal you are choosing not to go bankrupt so this is actually negotiating debt vs bankruptcy.

Ira Smith Trustee & Receiver Inc. is a professional, licensed trustee who can help you get back on the road to financial health Starting Over, Starting Now. A licensed trustee can properly advise you on negotiating debt vs bankruptcy. If you wish to do some self-study, please review our bankruptcy FAQS. But don’t delay. Contact us today.

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CONSUMER PROPOSALS: WHAT YOU NEED TO KNOW

CONSUMER PROPOSALS: WHAT YOU NEED TO KNOWBefore contemplating a bankruptcy, those who have too much debt should give strong consideration to consumer proposals, one of the alternatives to bankruptcy. As long as you owe less than $250,000, this is possible. This limitation excludes any mortgage you have for your home.

The advantage of consumer proposals

Consumer proposals gives individuals a chance to reorganize their finances and get back on their feet without having to go through a bankruptcy. By avoiding bankruptcy, a person’s credit rating is not seriously damaged. In addition, after all of the debts are dealt with, through consumer proposals, people have a strong feeling of accomplishment and self-worth.

Consulting with a bankruptcy trustee to find out more about consumer proposals

The first step in pursuing a consumer proposal is to meet with a bankruptcy trustee to evaluate your financial circumstances. The trustee will help draft a proposal for your creditors based upon your finances. If the proposal is accepted, you will then make your payments directly to the trustee. The exact form a proposal will take is dependent upon many variables.

In some circumstances, you may be paying only a partial amount of the debt you owe over time. In other circumstances, the debt will not be reduced, but reorganized in a way that gives you a chance to pay it all back. In consumer proposals, no further interest or fees can be charged. Sometimes it is just a longer period of time to pay back the debt. Either way, consumer proposals should be thought of as providing you with the equivalent of an interest-free loan. Whatever the final proposal is, it will help bring needed relief to your financial situation.

After filing a consumer proposal

From the time your consumer proposal is filed, you will no longer be making any payments directly to your creditors provided that the debt is unsecured. Any wage garnishment that is in place is suspended while the proposal is examined by your creditors. Lawsuits over debt recovery are also placed on hold. The proposal and the accompanying trustee’s report will provide details on your personal finances and will include an explanation of how your debts became such a problem that it has led to a need to reorganize the debt structure. Your creditors will have up to 45 days to decide to accept the offer or not. If one or more of your creditors is owed more than a fourth of the total debt, they have the right to request a meeting with you and the trustee. This request for a meeting must be done in the same 45 day time limit.

If you are in a situation where you are overwhelmed by debt with no hope of paying it back under the current circumstances, there is not much of a downside to pursuing a consumer proposal. The worst thing that can happen is that creditors do not agree to the proposal, and in this situation, bankruptcy is still an option. If it does work then you save yourself the grief of having a bankruptcy on your credit history.

If you wish to compare this information about consumer proposlas to a bankruptcy, start by reviewing our bankruptcy faqs. Contact Ira Smith Trustee & Receiver Inc. as soon as possible regarding your debt problems, to find out more about consumer proposals and Starting Over, Starting Now you’ll be on your way to living a debt free life.

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DEBT IS INCREASING IN CANADA ACROSS ALL DEMOGRAPHICS

DEBT IS INCREASING IN CANADA ACROSS ALL DEMOGRAPHICSThe last few weeks we’ve been discussing seniors in debt and baby boomers plagued with debt, but the sad reality is that debts are increasing in Canada across all demographics, and at alarming rates. In July 2013 we discussed how even high flyers can’t sustain the income to fund their lifestyles, so all demographics means the rich and famous included. According to the Royal Bank’s poll:

  • Canadians’ debt loads have grown 21% in the past year, and more consumers are running into the red.
  • For every dollar Canadians earn, they owe $1.63.
  • Just 24% of Canadians say they are debt free.
  • Canadians who are in debt have increased their non-mortgage burdens to $15,920. That’s an extra $2,779 over the past year compared to growth of just $83 in the year prior.
  • 38% of Canadians are anxious about their debt levels.

Unfortunately Canadians are digging themselves deeper by taking advantage of low interest rates and continuing to borrow, yet wages can’t keep up leading to Canadians being anxious about their debts. As a result debt loads have skyrocketed. A new survey shows debt levels are climbing fast, to a record $1.422 trillion in the fourth quarter of 2013, according to credit agency Equifax Canada. TransUnion reported the average Canadian consumer owes $27,355 – not including mortgages. Installment loans, largely made up of car loans, were the fastest growing segment of debt, up 11% year over year. Credit card debt rose 5.9% from a year ago. It is especially true for seniors with credit card debt, as they can tap into existing credit cards to borrow where they could not longer qualify for new credit.

As Canadian sink deeper in debt, many will be living paycheque to paycheque and struggling to make the minimum payments until eventually they become insolvent. Don’t wait for disaster to strike before seeking professional help. If you are facing a debt crisis, contact a professional bankruptcy trustee as soon as possible. The earlier you seek help the more options you’ll have. Bankruptcy is not the only option for serious debt problems. There are bankruptcy alternatives including credit counselling, debt consolidation, and consumer proposals in addition to bankruptcy as solutions. Contact Ira Smith Trustee & Receiver Inc. as soon as possible and Starting Over, Starting Now you’ll be on your way to living a debt free life.

Call a Trustee Now!